Therefore, the Respondents cannot take a contrary stand and come to a conclusion that the Petitioner, having failed in Physical Education Theory Paper in the improvement exam 2016, did not meet eligibility criteria for admission to the B.Tech program, when he had fulfilled the eligibility conditions as per the pass certificate issued to him by the CBSE in 2015 itself, which certificate continues to be valid. Ms. Goswami has relied upon a decision of this Court in Poonam v Guru Gobind Singh Indraprastha [WP(C) 8242/2016] in support of her plea that once CBSE, which conducts the examination and declares the result of the Class 12th examination, clearly provides in its examination bye-laws that the marksheets of both the initial exam and the improvement exam are valid, the University cannot simply ignore the result of the Petitioner in the initial examination by relying on an instruction in its admission brochure. She submits that such an instruction is wholly arbitrary, unreasonable and would result in an anomaly and discrimination. Ms. Goswami further submits that even otherwise, once the Petitioner had been granted unconditional admission in the Respondent No. 2/Institute on 01.08.2017, whereafter he withdrew his candidature from Amity University and Gautam Buddha University, the Respondents could not have cancelled his admission in the Respondent No. 2/Institute and that too at a belated stage.
